Family Law

What Counts as Assets (and Debts) in Property Settlement?

Property settlement starts with one core task: working out what’s in the pool — and that’s often broader than people expect.

30 September 2025 · 7 min read

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Property settlement can feel confusing because people often assume it only covers the family home and bank accounts. In Australian family law, the ‘property pool’ can include a wide range of assets, debts, and financial resources.

This guide explains what is commonly included so you can approach discussions with clearer expectations.

Common assets included in the pool

  • Real estate (family home, investment properties)
  • Savings, shares, and investments
  • Vehicles and valuable personal items
  • Business interests (shares, goodwill, trusts)
  • Superannuation (often significant)

Common debts and liabilities

  • Mortgages
  • Credit cards and personal loans
  • Tax debts
  • Business debts (depending on structure)
  • Buy-now-pay-later liabilities

Financial resources (often overlooked)

Some resources may be considered even if they are not ‘property’ in the usual sense — for example, expected future entitlements or access to assets through a trust (depending on the circumstances).

Frequently asked questions

Is superannuation included?

Often yes. Super is commonly part of the pool but may be dealt with differently (for example, via a split rather than cash).

What about debts in one person’s name?

Debts may still be considered depending on why they were incurred and how they relate to the relationship.

This article is general information and not legal advice.

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